Preview
FILED: ALBANY COUNTY CLERK 04/01/2024 02:20 PM INDEX NO. 903101-24
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/01/2024
Exhibit A
FILED: ALBANY COUNTY CLERK 04/01/2024 02:20 PM INDEX NO. 903101-24
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/01/2024
LEASE AGREEMENT
GENERAL INFORMATION:
A. PROHIBITION AGAINST DISCRIMINATION: This housing project is subject to Title VI of the Civil Rights Act
of 1964, Title VIII of the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, and the Age
Discrimination Act of 1975. In accordance with Federal civil rights law and U.S. Department of Agriculture
(“USDA”) civil rights regulations and policies, the USDA, its agencies, offices, and employees, and institutions
participating in or administering USDA programs are prohibited from discriminating based on race, color,
national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age,
marital status, family/parental status, income derived from a public assistance program, political beliefs, or
reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not
all bases apply to all programs. Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g.,
Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or
USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay
Service at (800) 877-8339. Additionally, program information may be made available in languages other than
English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-
3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a
letter addressed to USDA and provide in the letter all of the information requested in the form. To request a
copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:
(1) Mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410
Or
Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development (HUD)
451 7th Street, S.W.
Washington, D.C. 20401;
(2) Fax: (202) 690-7442; or
(3) Email: program.intake@usda.gov.
USDA is an equal opportunity provider, employer, and lender.
B. PARTIES TO THE LEASE: Throughout this lease (the “Lease”) there will be references to regulations and
requirements of the USDA, Rural Development that you and the owner of the property must follow and comply
with. The USDA, Rural Development, which is the agency that has financed this housing project, will be
referred to in this lease as the "USDA, RD." The owner of the Complex will be referred to as the "Owner," and
the owner's agent will be called "Management." You will be called the "Resident."
C. RENT SCHEDULES: Pursuant to the agreements between the Owner and the USDA, RD, a basic rental
schedule and a note rate rental schedule have been established for each unit in the development. The Owner
has agreed:
1. That the amount of rent charged for the unit that Resident will be renting shall be the basic rent, or 30% of
Resident’s monthly income (less allowances for certain living expenses authorized by the USDA, RD),
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whichever is greater, but in any event not to exceed the note rate rental of the unit; and
2. That a recertification of Resident’s income will be obtained at intervals of not less than one (1) per year, or
if a change of income has occurred, as required by the USDA, RD and that the rental charged shall be
adjusted by the Owner or Management to reflect income changes shown by the recertification.
D. ELIGIBILITY REQUIREMENTS: Eligibility for occupancy of this Complex is limited by federal law to certain
low and/or moderate-income residents. Occupancy may also be limited to households qualifying as elderly or
handicapped/disabled according to the regulations of the USDA, RD. Prior to execution of this Lease,
Resident must provide Management with verification of income and complete an application for housing. All
eligibility and rent requirements are determined using form USDA, RD 3560-8, "Resident Certification." By
executing this document, Resident acknowledges that rental rates in this Agreement are based on the form
USDA, RD 3560-8 and agrees to submit to recertification of income and eligibility at least on an annual basis
or upon a change of income. Resident agrees to cooperate with this process by providing all required income
information and further agrees to comply with all USDA, RD requirements. Resident’s failure to comply with
the eligibility determination process, or Resident’s providing of false or misleading information to Management
will lead to eviction and possible criminal or civil prosecution. USDA, RD has the right to further verify any
information provided by Resident.
E. CONDITIONS OF THE AGREEMENT:
1. This is made this 1st day of September, 2021 between the Owner, Fairway Limited Partnership, and the
Resident Paige Henderson.
2. In consideration of (a) Resident's representations in Resident's rental application and (b) Resident's
payment of the rent and performance of the other provisions of the Lease, the Owner leases to Resident
A-05 (the "Unit”) in the apartment community commonly known as Altamont Oaks (the “Complex”), located
at 950 Altamont Blvd, Altamont, NY .
3. OCCUPANCY:
a. The following individuals will be occupying the Unit and are considered “Occupants” and each an
“Occupant”:
NAME AGE RELATIONSHIP
PAIGE HENDERSON 05/03/1991 H
ROBERT CATALDO 10/06/1989 ADULTCHH
GIOVANNI CATALDO 06/18/2021 DEPEND
b. UNAUTHORIZED PERSONS: No person other than those listed above may reside in the Unit.
c. The terms contained in this Lease, other than the payment of the security deposit and monthly rent, shall
be joint and several, and each of the Occupants expressly agrees to abide by the terms of this Lease
without regard to any non-performance by the Resident and/or any other Occupant.
4. RENT, LATE FEES & UTILITIES:
a. RENT AND LATE FEES During the term of this Lease, Resident shall pay as rent $10,788.00 payable
in monthly tenant contributions of $899.00 in advance on the 1st day of each and every month (the "due
date") beginning with the commencement date of this Lease. Resident shall pay the monthly tenant
contribution by cash, money order, or check. Rental payments may be made at the site office located at
950 Altamont Blvd or mailed to 950 Altamont Blvd, Site Office, Altamont, NY 12009-6314. If Resident
does not pay the full monthly tenant contribution on or before ten (10) days after its respective due date,
the Resident may also be charged a "LATE FEE" of $10. Late Fee will be an amount equal to five percent
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(5%) of the Resident's gross tenant contribution or $10, whichever is higher, and is hereby deemed
additional rent. If Resident receives housing benefits from source(s) other than USDA, RD, Resident may
be subject to the late rent fee requirements of such other funding source(s). Management agrees to
accept tenant contributions without regard to any other charges owed by Resident to Management, and to
seek separate legal remedy for the collection of any other charges which may be owing to Management by
Resident. Repeated late tenant contributions in excess of two (2) times, is a violation of this Lease that
may lead to Lease termination at Management’s discretion.
b. INCREASE IN RENT DURING LEASE TERM: The basic and note rate monthly tenant contributions
are subject to change by Management upon approval of the change by the USDA, RD, in accordance with
its regulations. When submitting a request for such a change to the USDA, RD, Management shall
provide written notice of the proposed change request to the Resident and solicit comments. Resident will
be given 20 calendar days to provide comments. Notice may be provided by mailing and posting pursuant
to the USDA, RD's regulations. Any change in basic and market monthly tenant contributions approved by
the USDA, RD shall be effective as of the date stated in a notification of the approved change to the
Resident, which change shall go into effect no less than thirty (30) days after the date of notice of same to
the Resident. The monthly tenant contribution made by Resident may never be less than the current basic
rent.
d. NO RENT INCREASE BECAUSE OF PREPAYMENT OR DEFAULT BY OWNER: No increases
in Resident's tenant contribution to rent will take place because of prepayment of the Owner’s USDA, RD
loan during the term of the Lease. Should any federal subsidies paid to the Owner on behalf of Residents
be suspended or canceled due to monetary or nonmonetary default by the Owner, the tenant contribution
made by the Resident (or when applicable, the payment received by Resident from Owner) shall not
change over that which would have been required had the subsidy remained in place.
e. UTILITIES: The tenant contribution to rent includes the following utilities: Trash Removal.
Management agrees to provide utilities to the Unit and Complex, however any failure to provide the same
due to events beyond the reasonable control of Management shall not be grounds for constructive eviction
or abatement of tenant contribution. Resident has responsibility for payment of all telephone and cable TV
charges (inclusive of hook-up and installation) and all electric utilities. When Resident takes possession of
the Unit, Resident must notify Electric/Water Company to place the Unit meter in Resident's name and
sign a utility release for Management. Resident is responsible for paying utility charges not included in the
tenant contribution to rent promptly when due. If Resident fails or refuses to pay any utilities required to
be paid by Resident directly to the provider, and such provider requires Management to expend funds to
pay such provider to maintain utility service to the Unit, Resident shall be responsible for reimbursing
Management for the same. Failure to pay utility charges when due is a Lease violation.
5. TERM: The term of this Lease shall be for one (1) year, beginning the first day of September, 2021. If the
Resident takes possession of the Unit prior to the commencement date of this Lease, Resident shall pay
the tenant contribution to rent at the rate and in the manner required by this Lease, and such possession
in all other respects shall be subject to the applicable provisions of this Lease. All subsequent renewal
terms shall also be for a period of one (1) year each. The tenant contribution to rent for each subsequent
period of tenancy shall be such amount as Management may lawfully establish and Resident shall
continue to be subject to all provisions of this Lease. The Lease and Resident’s right to occupy the Unit,
shall terminate automatically at the end of the Lease term 1 ) if not properly renewed under the terms and
conditions of the program requirements, or 2) if the Resident shall fail to recertify his or her income
eligibility or otherwise provide any documentation to qualify for any income or rental assistance as set forth
in the Lease or any attachment to the Lease.
6. POSSESSION: Resident shall not be entitled to possession of the Unit until (a) Resident and
Management have signed this Lease, (b) the prior resident has vacated the Apartment, and (c) Resident
has paid the tenant contribution to rent for the first month of the Lease term, as well as the security deposit
and any other lawful charge payable by Resident prior to taking possession. If the Resident is unable to
take possession at the commencement date of the Lease because the Unit is not ready for occupancy, or
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because a prior resident is holding over, or because of any cause beyond Management's control, the
Lease term will begin on the first day of the following month provided that possession can be delivered to
the Resident by that time. If possession cannot be delivered by that time, either party to this Lease shall
have the right to terminate this Lease on written notice to the other.
7. RETURNED CHECK CHARGE: Resident shall pay Management a $35.00 processing charge for any
check of Resident that is returned because of insufficient funds, a closed account or any other similar
cause. This charge is hereby deemed additional rent. In the event that Resident's check is returned
because of insufficient funds, a closed account, or any other similar cause, Management shall have the
right to require Resident to pay the monthly tenant contribution by cash, money order, certified check, or
cashier's check. Such tenant contribution to rent shall not be considered paid until it is actually received
and collected by Management.
8. USDA, RD RENTAL ASSISTANCE: If Resident receives USDA, RD rental assistance from the USDA,
RD, Resident makes the following representations, and Resident’s signature on this Lease memorializes
that Resident (a) has read the statements, (b) acknowledges that the same are true and accurate, and (c)
agrees to abide by and be legally bound by the terms of the representations:
1. I understand and agree that as long as I receive rental assistance, my gross monthly tenant
contribution (as determined on the latest Form USDA, RD 3560-8, which must be attached to this Lease)
for rent and utilities will be $N/A. If I pay any or all utilities directly (not including telephone and/or cable
TV), a utility allowance of $N/A will be deducted from my gross monthly tenant contribution and my
resulting net monthly tenant contribution will be $N/A. If my net monthly tenant contribution would be less
than zero, Management will pay me $N/A.
2. I also understand and agree that my monthly tenant contribution under this Lease may be raised
or lowered, based on changes in my household’s income or adjustments to income, and that any failure to
submit information necessary to verify such income, changes in the number and age of persons living in
my household, and changes in basic and market monthly rental rates approved by the USDA, RD. Should
I no longer receive rental assistance as a result of these changes, or the rental assistance agreement
executed by the Owner and USDA, RD expires, or has not been renewed because of my own failure to
recertify my income in accordance with the USDA RD 3560 requirements, I understand and agree that my
monthly tenant contribution may be adjusted to no less than $N/A (basic rental) nor more than $N/A (note
rate rental) during the remaining term of this Lease, except that these rental rates may be changed by a
USDA, RD approved rent change or occupancy charge change. I understand that if I receive
unauthorized assistance due to fraud or misrepresentation on my part or that of any Occupant, I will be
required to pay back the amount of unauthorized assistance. I understand that no change in my tenant
contribution will occur due to my rental assistance being suspended, canceled, or terminated due to
Management or the Owner’s fault.
3. I understand and agree that every effort will be made to provide rental assistance so long as I
remain eligible and the rental assistance agreement between the Owner and USDA, RD remains in effect.
However, should this assistance be terminated I may arrange to terminate this Lease, giving proper notice
as set forth elsewhere in this Lease.
4. I understand and agree that failure or refusal to recertify my income in accordance with the
provisions of this paragraph, the Lease, and USDA, RA requirements, will terminate this Lease and result
in my eviction from the Unit.
9. USDA, RD PLAN I PROJECTS: If Resident will be occupying a unit in an apartment complex financed
pursuant to USDA, RD's Plan I, either with or without interest credit approved on or after August 1, 1968,
Resident makes the following representation, and Resident’s signature on this Lease memorializes that
Resident has read agrees to the terms of the statement:
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I understand and agree that my tenant contribution to rent of $N/A per month [includes] [excludes] my
cost of utilities. I further understand and agree that should I be permitted to occupy the Unit when my
income exceeds maximum limits, I shall pay a 25 percent (25 %) rental rate surcharge in addition to my
tenant contribution to rent .
10. USDA, RD PLAN II INTEREST CREDIT: If Resident will be occupying a unit in an apartment complex
financed pursuant to USDA, RD's Plan II Interest Credit, Resident makes the following representations
and Resident’s signature on this Lease memorializes that Resident has read and agrees to the terms of
the statement:
I understand and agree that my gross monthly tenant contribution as determined on the latest Form
USDA, RD 3560-8, which must be attached to this Lease, for rent and utilities will be $1049.00. If I pay
any or all utilities directly (not including telephone or cable TV), a utility allowance of $150.00 will be
deducted from my gross monthly tenant contribution except that I will pay no less than the basic rent or
more than the note rate rent stated below. My net monthly tenant contribution will be $899.00. I
understand that should I receive rental subsidy benefits (interest credit) to which I am not entitled, I may
be required to pay back the sums I was not owed and I agree to pay any amount of benefit to which I was
not entitled. I also understand and agree that my monthly tenant contribution under this Lease may be
raised or lowered based on changes in my household’s income, failure to submit information necessary to
verify income, changes in the number and age of persons living in my household and changes in the basic
and note rate rental rates approved by the USDA, RD. My tenant contribution will not, however, be less
than $734.00 (basic rental) nor more than $899.00 (note rate rental) during the term of this Lease, except
that these rental rates may be changed by a USDA, Rural Development approved rent change. I
understand that my tenant contribution will not change if the interest credit is suspended, canceled, or
terminated due to Management’s or the Owner’s fault.
11. RECERTIFICATION BASED ON CHANGE IN HOUSEHOLD OR INCOME: Resident hereby
understands and agrees that Resident may request a recertification and accompanying redetermination of
rent pursuant to the USDA, RD guidelines and standards based upon any changes in family income,
family composition and other eligibility requirements. Resident must request a recertification and
accompanying rent redetermination whenever permanent changes to gross household income or
permanent adjustments to household income result in an increase of $100.00 or more per month or
$1200.00 or more per year. Resident may request a recertification and accompanying rent
redetermination whenever permanent changes to gross household income or permanent adjustments to
household income result in a decrease of $50.00 or more per month or $600.00 or more per year.
Resident must also notify Management of any changes in his or her income or assets, his or her
qualifications for adjustments to income, his or her citizenship status, or his or her household size or
composition, whether related or unrelated, adults or children.
12. ANNUAL RECERTIFICATION OF INCOME: Resident agrees that a recertification of Resident’s
household income shall be made with Management no less than sixty (60) days prior to one (1) year from
the date of this Lease, provided however, that in any event, Resident shall recertify his or her income upon
the execution of any subsequent Lease of the Unit. Resident understands that failure to comply with
recertification requirements of the USDA, RD, or the provision of false or misleading information regarding
income or other eligibility factors can lead to Resident’s eviction from the Unit and Complex. Furthermore,
Resident agrees that if Resident fails to recertify or refuses to cooperate in the recertification process,
Management may charge Resident the note rate rent and occupancy surcharge during the period of
occupancy with an expired certification.
Resident understands and agrees that unless a new lease or an addendum extending the Lease is signed,
Resident occupies the Unit without authorization and is subject to removal by a court of competent
jurisdiction. Resident understands and agrees that the Landlord shall charge Resident for use and
occupancy of the Unit for each day Resident occupies the Unit beyond the Lease term, but that
Management’s acceptance of such payment(s) does not constitute a renewal, continuation or extension of
the Lease. Resident expressly acknowledges and agrees that only the execution of a new lease or an
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addendum extending the Lease by both parties will extend, continue or modify (as the case may be) this
Lease.
13. RENT ADJUSTMENT: Resident agrees that the monthly tenant contribution is subject to adjustment by
Management to reflect income changes disclosed by any of Resident's recertifications, and Resident
agrees to be bound by such adjustment. Management agrees to give thirty (30) days advanced written
notice of any such adjustment to the Resident, stating the amount of the adjusted monthly rental the
Resident will be required to pay. If the Resident refuses cooperation with the recertification process, or
delays completion of the recertification process until after thirty (30) days prior to the due date for
recertification, resident will be deemed to have waived the thirty (30) day notice period for tenant
contribution to rent adjustment. In such a case, any such adjustment will take effect immediately upon
recertification.
14. SECURITY DEPOSIT: At the same time this Lease is signed, Resident will deposit $734.00 (not to
exceed the net tenant contribution or basic rent, whichever is greater) with Management as a “Security
Deposit”. The Security Deposit shall be deposited in a separate, segregated (from Management’s
operating account) account containing only security deposit(s) from the Complex plus interest thereon, in a
federally insured financial institution located in the state in which the Complex is located. Amounts held as
a Security Deposit may be used to compensate Owner for damage and loss caused or allowed by
Resident, Resident’s household members, Resident’s family or guests, as specified in regulations of the
USDA, RD and state law. The Security Deposit and any interest thereon may also be used to compensate
Owner for unpaid tenant contribution to rent, late fees, items deemed additional rent in this Lease, or
unpaid utility bills still owing after Resident has vacated the Unit. Until so used, the Security Deposit shall
be held in an interest-bearing account, in trust, for the Resident, however Management may, at
Management’s discretion, offset any bank charges associated with such account with the interest earned
on the security deposits held therein on an equal basis among such security deposits.
If Resident is receiving HUD assistance, he/she may be charged additional security deposits in
accordance with HUD requirements.
If Resident is eligible for rental assistance or Section 8 assistance, he/she may pay the Security Deposit
on the following installment payment plan:
Due Date Amount Balance Owed
/ /
/ /
/ /
I I
I /
I I
Should any of the above installments not be timely received by Management, the total remaining amount
of the Security Deposit shall become immediately due and payable in full.
The fact that Management holds the Security Deposit shall not affect Management's right to obtain
possession of the Unit for the non-payment of any tenant contribution to rent, or any item deemed
additional rent by this Lease, or for any other reason permitted by law. To the extent that the Security
Deposit is not applied in a permitted manner, it shall be returnable to the Resident in a reasonable period
of time (not to exceed thirty (30) calendar days after Resident and all Occupants claiming under him/her
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have fully and finally vacated the Unit. If Management assesses charges to the Security Deposit for
damage to the Unit or Complex caused by the Resident or anyone coming onto the Complex with
Resident's express or implied consent, an itemized accounting for such charges will be presented to
Resident unless the Resident has abandoned the Unit or cannot be located with reasonable diligence.
Under no circumstances may the Security Deposit be used by Resident as the last month's tenant
contribution to rent.
F. ELIGIBILITY FOR RESIDENCE IN COMPLEX:
1. ELIGIBILITY DETERMINATIONS: Eligibility determinations will be made once each year at the same time
as the annual recertification of income. Resident agrees to supply all requisite information in order for
Management to make a redetermination of eligibility pursuant to USDA, RD guidelines and standards,
including, but not limited to, verification of income from employment and all other sources, applicant's
financial capability to meet living and rental expenses, credit reports, prior landlord references, family
composition including names and ages of family members, and other personal financial data. Resident and
Management agree that should Resident no longer meet the eligibility requirements of the project during
the term of the Lease, Resident will be required to vacate the Unit within thirty (30) days of being notified of
ineligibility by Management or at the end of the term of the current Lease (whichever is longer), unless an
exception is authorized by the USDA, RD. USDA, RD has the right to further verify any information
provided by Resident.
2. ELIGIBILITY REQUIREMENTS: Resident shall meet eligibility requirements pursuant to USDA, RD
standards, including, but not limited to:
a. Be a U.S. Citizen or a qualified alien.
b. Be a very low, low, or moderate income person as defined by the USDA, RD.
c. Comply with the Lease provisions and project occupancy policies established by the Owner. The
Complex’s occupancy rules are attached to this Lease and also available from Management and are
subject to change from time to time.
d. If Resident’s household composition changes so that the Complex’s unit density standards are no
longer met (as defined in the Complex’s occupancy policies), Resident agrees to relocate within the
Complex to a unit of appropriate size when one becomes available. Management agrees to give thirty
(30) days written notice prior to the date upon which Resident is required to relocate. If Resident
refuses to move or if no unit of appropriate size becomes available during the current Lease term,
Resident will be required to vacate the Complex unless an exception is authorized by the USDA, RD.
e. Residents who hold a Letter of Priority Entitlement (“LOPE”) and who are temporarily occupying a unit
for which they are not eligible agree to move/relocate when a suitable unit becomes available.
f. Possess the legal capacity to enter into a lease agreement.
g. Be eighteen years of age or older.
G. TERMINATION OF THE LEASE:
1. TERMINATION BY MANAGEMENT: Management may terminate or refuse to renew the Lease for
material noncompliance with the Lease, or the occupancy rules, or for other good cause. The following is a
non-exhaustive list of examples of material noncompliance:
a. Failure to pay tenant contribution to rent when due under the terms of this Lease.
b. Failure to meet eligibility requirements of the Complex.
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c. Failure to comply with recertification requirements of the USDA, RD.
d. Provision or transmission of false or misleading or incomplete information regarding income or other
eligibility factors to Management.
e. Making false, misleading, or incomplete statements in the rental application.
f. Failure to comply with all conditions and agreements contained in this Lease and all Lease addenda.
g- Failure to comply with occupancy rules and regulations established by Management.
h. Any action, omission, or conduct of the Resident, any member of the Resident’s household, or their
guest(s) that: (1) disrupts the livability of the Complex by being a direct threat to the health or safety of
any person, be it a guest, staff of Management, resident or other person(s) on Complex grounds; (2)
interferes with the right of any resident or household member to the quiet enjoyment of their unit or
compromises the safety of the residents or the Complex and related Complex facilities; or (3) results in
substantial physical damage causing an adverse financial effect on the Complex or the property of
others located thereon, EXCEPT when such threat can be removed by applying a reasonable
accommodation.
Admission to or conviction of criminal conduct by the Resident or any Occupant for which the Resident
or Occupant would be denied admission.
j- Interfering with the management or maintenance of any Complex property.
k. Acts or omissions that have an adverse financial impact on the Complex property.
Innocent Residents or Occupants who are not engaged in terminable conduct and who are not responsible
for control of another Occupant or guest who did engage in terminable conduct may remain in the Unit if
an otherwise eligible household remains or can be formed.
2. NOTICE OF VIOLATION: Prior to any such termination of the Lease, Management shall provide Resident
with a “Notice of Violation". The Notice of Violation shall:
a. Describe the violation of the Lease and/or occupancy rules by referring to the relevant provisions of the
Lease or occupancy rules and stating the nature and frequency of the violation(s) so that the Resident
understands and may correct the problem. In those cases where the Lease violation is due to the
Resident's failure to pay tenant’s contribution to rent or additional rent, the Notice will state the dollar
amount of the balance due on the rent account and the date of computation.
b. State that the Resident is required to correct the Lease violation by a specified date, which shall be no
less than ten (10) days from the date of the Notice of Violation.
c. State that the Resident may informally meet with Management to attempt to resolve the stated
violation(s) before the date of corrective action specified in the Notice of Violation.
d. Advise the Resident that if he or she has not corrected the stated violation(s) by the date specified,
Management may seek to terminate the Lease and Resident’s rights of occupancy thereunder, by
instituting judicial proceeding for eviction, at which time the Resident may present defense(s) and any
counter-claim(s).
3. SERVICE OF NOTICE ON RESIDENT: Management shall serve the Notice of Violation by sending it first
class mail to the Resident at his or her address at the Unit, or by serving a copy of the notice on any adult
person answering the door at the Unit, or if no adult responds, by placing the Notice of Violation under or
through the door at the Unit, or at an address known or reasonably believed to be the current resident of
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the Resident, if not regularly residing at the Unit. Service is hereby deemed effective when any method of
service described hereinabove has been accomplished. The date on which the Notice of Violation is
received by the Resident is hereby deemed to be the date on which the required first class letter is mailed,
or the date on which the Notice of Violation is properly given, whichever method of service is used.
4. NOTICE OF TERMINATION:
a. Upon failure by the Resident to meet the condition(s) or correct the violation(s) stated in the Notice of
Violation by the date specified therein, the Resident will be notified, in writing, that the Resident’s right
to occupancy the Unit is terminated and that eviction is being sought through the appropriate judicial
process (the "Notice of Termination”).
b. The Notice of Termination shall state the basis for the termination of the Lease and the Resident’s right
to occupy the Unit thereunder, and will include the location and regular office hours during which the
Resident (or Resident’s counsel) may view its file and copy any information contained therein, to aid in
the Resident's defense.
c. The Notice of Termination shall be given in the same manner described for the Notice of Violation
except where state law requires a different procedure, in which event, the Notice will be given as
required by the state laws of the state in which the Complex is located.
d. Any Notice of Termination shall be considered in effect unless otherwise communicated in writing by
a
Management. Meeting with Management with respect to a Notice of Termination does not constitute
waiver, cancelation, suspension, or modification of such Notice of Termination. A waiver, cancelation,
suspension, or modification of a Notice of Termination can only be considered as such, provided
written notification from Management has been served upon to Resident stating same. Any tenant
contribution to rent received after a Notice of Termination shall be considered neither an
the
acknowledgment nor acceptance of the tenancy to continue beyond the stated date of surrendering
Apartment as stated in the Notice of Termination, but as a partial payment on a contractual obligation.
5. EVICTION: If Management terminates the Lease, Management shall have the right to repossess the Unit
and cause the Resident to vacate the Unit in the manner allowed by state law. If Management is forced to
evict Resident, Resident shall pay Management the expense incurred in obtaining possession of the Unit
and all other damages sustained by Management, including reasonable attorneys' fees, to the extent
permitted by law and the USDA, RD's regulations. Resident is required to continue to pay tenant’s
contribution to rent until a warrant of eviction has been served upon Resident, or Resident and all
person(s) claiming possession of the Unit under Resident, have fully and finally vacated the Unit.
6. PROHIBITED COLLECTION PRACTICES: Management may not:
a. Take the personal property of Resident and hold it as a pledge until Resident performs any obligation
that Management has determined Resident has failed to perform;
b. Demand or enforce an agreement by Resident that Management may institute suit without any notice
to Resident that suit has been filed;
c. Evict Resident from the Unit or sell Resident's possessions without a legal proceeding; or
d. Charge Resident for attorneys' fees or other legal costs if the court finds in favor of Resident.
7. TERMINATION BY RESIDENT: Resident may terminate the Lease prior to expiration of its one-year term
to,
upon thirty (30) days advanced written notice to Management for good cause, including but not limited
moving to another location for employment, loss of job, severe illness, death of spouse or other reasons
customary or mandatory in the community, or after notification by Management of intent to prepay. If
Resident does not desire to renew or extend the Lease upon expiration of the one-year Lease term,
9 RD Model Lease 1 12717
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/01/2024
Resident is encouraged to provide written notice to Management no less than thirty (30) days prior to the
Lease term’s end date so that the appropriate steps may be taken to inspect the Unit, hand over
possession of the Unit, and timely return the Security Deposit or portion thereof. Resident hereby
acknowledges that Resident’s failure to provide such notice in a timely fashion may result in a delay of
Resident’s returnable portion of the Security Deposit.
8 REMOVAL OF PERSONAL PROPERTY AFTER RESIDENT VACATES: Resident's occupancy will be
deemed to continue even after Resident and Resident's household have personally ceased occupancy with
the intent to vacate and leave the Complex, until such time as all personal property of Resident's household
has been removed voluntarily or by legal means. The reasonable costs to Management for removing,
storing, and disposing of Resident’s household’s personal property left after Resident vacates the Unit may
be charged by Management against the Security Deposit.
9. CONDEMNATION BY GOVERNMENT AUTHORITY: If any part of the Complex is condemned by any
government authority, and Resident’s rights to occupy the Unit are substantially impaired thereby, then
Resident may, upon advanced written notice to Management, terminate this Lease effective the date that
possession of the condemned portion of the Complex is taken by such governmental authority.
10. ACCELERATION: If Management terminates the Lease, or evicts the Resident before the Lease term
expires on time, or if Resident terminates the Lease before its term expires on time without good cause or
without proper notice, Management shall may elect to accelerate the payment of the tenant contribution to
rent reserved for the balance of the term of the Lease, and declare the entire amount immediately due and
payable to Management, unless the Resident can demonstrate that: (1) Resident’s reason for leaving was
unlivable conditions amounting to constructive eviction under the laws of this state, or (2) Management has
re-rented the Unit. Once the Unit is re-rented, there is no further obligation by the Resident to pay tenant
contribution to rent unless Management had to re-rent at a lower rental rate. Management will make
reasonable efforts to re-rent the Unit at the then, commercially reasonable rate to mitigate Resident’s
damages under this paragraph.
11. ABANDONMENT OF PROPERTY: Upon expiration of this Lease where Management has refused for
lawful reasons to enter into another lease or an extension of this Lease with Resident, or upon lawful
termination of the Lease, the Resident shall promptly remove all personal property from the Unit and vacate
the same. If Resident fails to remove personal property from the Unit and the Complex upon (1) expiration
of the Lease where Management has refused for lawful reasons to enter into another lease or extend the
existing Lease, or (2) lawful termination of the Lease, then Management may consider any personal
property left behind at the Unit or the Complex, as abandoned if Management notifies Resident of its intent
to treat the property as abandoned and advises Resident of the date of disposal of the property. Notice by
Management will be by mailing such notice to the last known address of Resident, and posting such notice
on the Unit door. Disposal of such property will be no sooner than fifteen (15) days after the date of mailing
and posting the notice. Management may move the property from the Unit to another location on Complex
grounds prior to the date of disposal in order to re-rent the Unit. It is agreed by Resident that Management
shall not be responsible for damage to or loss of value of such property if Management follows the above
procedure, and takes reasonable care not to damage such property. If Management disposes such
property after giving proper notice and after the fifteen (15) day period, any avails of such disposition shall
be the property of Management and any costs of such disposition may be charged by Management to the
Security Deposit.
H. USE AND MAINTENANCE OF UNIT:
1. USE OF UNIT:
a. Resident shall use and occu
Preview
FILED: ALBANY COUNTY CLERK 04/01/2024 02:20 PM INDEX NO. 903101-24 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/01/2024 Exhibit A FILED: ALBANY COUNTY CLERK 04/01/2024 02:20 PM INDEX NO. 903101-24 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/01/2024 LEASE AGREEMENT GENERAL INFORMATION: A. PROHIBITION AGAINST DISCRIMINATION: This housing project is subject to Title VI of the Civil Rights Act of 1964, Title VIII of the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. In accordance with Federal civil rights law and U.S. Department of Agriculture (“USDA”) civil rights regulations and policies, the USDA, its agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs. Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD- 3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) Mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410 Or Office of Fair Housing and Equal Opportunity U.S. Department of Housing and Urban Development (HUD) 451 7th Street, S.W. Washington, D.C. 20401; (2) Fax: (202) 690-7442; or (3) Email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. B. PARTIES TO THE LEASE: Throughout this lease (the “Lease”) there will be references to regulations and requirements of the USDA, Rural Development that you and the owner of the property must follow and comply with. The USDA, Rural Development, which is the agency that has financed this housing project, will be referred to in this lease as the "USDA, RD." The owner of the Complex will be referred to as the "Owner," and the owner's agent will be called "Management." You will be called the "Resident." C. RENT SCHEDULES: Pursuant to the agreements between the Owner and the USDA, RD, a basic rental schedule and a note rate rental schedule have been established for each unit in the development. The Owner has agreed: 1. That the amount of rent charged for the unit that Resident will be renting shall be the basic rent, or 30% of Resident’s monthly income (less allowances for certain living expenses authorized by the USDA, RD), I RD Model Lease 112717 FILED: ALBANY COUNTY CLERK 04/01/2024 02:20 PM INDEX NO. 903101-24 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/01/2024 whichever is greater, but in any event not to exceed the note rate rental of the unit; and 2. That a recertification of Resident’s income will be obtained at intervals of not less than one (1) per year, or if a change of income has occurred, as required by the USDA, RD and that the rental charged shall be adjusted by the Owner or Management to reflect income changes shown by the recertification. D. ELIGIBILITY REQUIREMENTS: Eligibility for occupancy of this Complex is limited by federal law to certain low and/or moderate-income residents. Occupancy may also be limited to households qualifying as elderly or handicapped/disabled according to the regulations of the USDA, RD. Prior to execution of this Lease, Resident must provide Management with verification of income and complete an application for housing. All eligibility and rent requirements are determined using form USDA, RD 3560-8, "Resident Certification." By executing this document, Resident acknowledges that rental rates in this Agreement are based on the form USDA, RD 3560-8 and agrees to submit to recertification of income and eligibility at least on an annual basis or upon a change of income. Resident agrees to cooperate with this process by providing all required income information and further agrees to comply with all USDA, RD requirements. Resident’s failure to comply with the eligibility determination process, or Resident’s providing of false or misleading information to Management will lead to eviction and possible criminal or civil prosecution. USDA, RD has the right to further verify any information provided by Resident. E. CONDITIONS OF THE AGREEMENT: 1. This is made this 1st day of September, 2021 between the Owner, Fairway Limited Partnership, and the Resident Paige Henderson. 2. In consideration of (a) Resident's representations in Resident's rental application and (b) Resident's payment of the rent and performance of the other provisions of the Lease, the Owner leases to Resident A-05 (the "Unit”) in the apartment community commonly known as Altamont Oaks (the “Complex”), located at 950 Altamont Blvd, Altamont, NY . 3. OCCUPANCY: a. The following individuals will be occupying the Unit and are considered “Occupants” and each an “Occupant”: NAME AGE RELATIONSHIP PAIGE HENDERSON 05/03/1991 H ROBERT CATALDO 10/06/1989 ADULTCHH GIOVANNI CATALDO 06/18/2021 DEPEND b. UNAUTHORIZED PERSONS: No person other than those listed above may reside in the Unit. c. The terms contained in this Lease, other than the payment of the security deposit and monthly rent, shall be joint and several, and each of the Occupants expressly agrees to abide by the terms of this Lease without regard to any non-performance by the Resident and/or any other Occupant. 4. RENT, LATE FEES & UTILITIES: a. RENT AND LATE FEES During the term of this Lease, Resident shall pay as rent $10,788.00 payable in monthly tenant contributions of $899.00 in advance on the 1st day of each and every month (the "due date") beginning with the commencement date of this Lease. Resident shall pay the monthly tenant contribution by cash, money order, or check. Rental payments may be made at the site office located at 950 Altamont Blvd or mailed to 950 Altamont Blvd, Site Office, Altamont, NY 12009-6314. If Resident does not pay the full monthly tenant contribution on or before ten (10) days after its respective due date, the Resident may also be charged a "LATE FEE" of $10. Late Fee will be an amount equal to five percent 2 RD Model Lease 112717 FILED: ALBANY COUNTY CLERK 04/01/2024 02:20 PM INDEX NO. 903101-24 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/01/2024 (5%) of the Resident's gross tenant contribution or $10, whichever is higher, and is hereby deemed additional rent. If Resident receives housing benefits from source(s) other than USDA, RD, Resident may be subject to the late rent fee requirements of such other funding source(s). Management agrees to accept tenant contributions without regard to any other charges owed by Resident to Management, and to seek separate legal remedy for the collection of any other charges which may be owing to Management by Resident. Repeated late tenant contributions in excess of two (2) times, is a violation of this Lease that may lead to Lease termination at Management’s discretion. b. INCREASE IN RENT DURING LEASE TERM: The basic and note rate monthly tenant contributions are subject to change by Management upon approval of the change by the USDA, RD, in accordance with its regulations. When submitting a request for such a change to the USDA, RD, Management shall provide written notice of the proposed change request to the Resident and solicit comments. Resident will be given 20 calendar days to provide comments. Notice may be provided by mailing and posting pursuant to the USDA, RD's regulations. Any change in basic and market monthly tenant contributions approved by the USDA, RD shall be effective as of the date stated in a notification of the approved change to the Resident, which change shall go into effect no less than thirty (30) days after the date of notice of same to the Resident. The monthly tenant contribution made by Resident may never be less than the current basic rent. d. NO RENT INCREASE BECAUSE OF PREPAYMENT OR DEFAULT BY OWNER: No increases in Resident's tenant contribution to rent will take place because of prepayment of the Owner’s USDA, RD loan during the term of the Lease. Should any federal subsidies paid to the Owner on behalf of Residents be suspended or canceled due to monetary or nonmonetary default by the Owner, the tenant contribution made by the Resident (or when applicable, the payment received by Resident from Owner) shall not change over that which would have been required had the subsidy remained in place. e. UTILITIES: The tenant contribution to rent includes the following utilities: Trash Removal. Management agrees to provide utilities to the Unit and Complex, however any failure to provide the same due to events beyond the reasonable control of Management shall not be grounds for constructive eviction or abatement of tenant contribution. Resident has responsibility for payment of all telephone and cable TV charges (inclusive of hook-up and installation) and all electric utilities. When Resident takes possession of the Unit, Resident must notify Electric/Water Company to place the Unit meter in Resident's name and sign a utility release for Management. Resident is responsible for paying utility charges not included in the tenant contribution to rent promptly when due. If Resident fails or refuses to pay any utilities required to be paid by Resident directly to the provider, and such provider requires Management to expend funds to pay such provider to maintain utility service to the Unit, Resident shall be responsible for reimbursing Management for the same. Failure to pay utility charges when due is a Lease violation. 5. TERM: The term of this Lease shall be for one (1) year, beginning the first day of September, 2021. If the Resident takes possession of the Unit prior to the commencement date of this Lease, Resident shall pay the tenant contribution to rent at the rate and in the manner required by this Lease, and such possession in all other respects shall be subject to the applicable provisions of this Lease. All subsequent renewal terms shall also be for a period of one (1) year each. The tenant contribution to rent for each subsequent period of tenancy shall be such amount as Management may lawfully establish and Resident shall continue to be subject to all provisions of this Lease. The Lease and Resident’s right to occupy the Unit, shall terminate automatically at the end of the Lease term 1 ) if not properly renewed under the terms and conditions of the program requirements, or 2) if the Resident shall fail to recertify his or her income eligibility or otherwise provide any documentation to qualify for any income or rental assistance as set forth in the Lease or any attachment to the Lease. 6. POSSESSION: Resident shall not be entitled to possession of the Unit until (a) Resident and Management have signed this Lease, (b) the prior resident has vacated the Apartment, and (c) Resident has paid the tenant contribution to rent for the first month of the Lease term, as well as the security deposit and any other lawful charge payable by Resident prior to taking possession. If the Resident is unable to take possession at the commencement date of the Lease because the Unit is not ready for occupancy, or 3 „„ „ RD Model Lease 112717 FILED: ALBANY COUNTY CLERK 04/01/2024 02:20 PM INDEX NO. 903101-24 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/01/2024 because a prior resident is holding over, or because of any cause beyond Management's control, the Lease term will begin on the first day of the following month provided that possession can be delivered to the Resident by that time. If possession cannot be delivered by that time, either party to this Lease shall have the right to terminate this Lease on written notice to the other. 7. RETURNED CHECK CHARGE: Resident shall pay Management a $35.00 processing charge for any check of Resident that is returned because of insufficient funds, a closed account or any other similar cause. This charge is hereby deemed additional rent. In the event that Resident's check is returned because of insufficient funds, a closed account, or any other similar cause, Management shall have the right to require Resident to pay the monthly tenant contribution by cash, money order, certified check, or cashier's check. Such tenant contribution to rent shall not be considered paid until it is actually received and collected by Management. 8. USDA, RD RENTAL ASSISTANCE: If Resident receives USDA, RD rental assistance from the USDA, RD, Resident makes the following representations, and Resident’s signature on this Lease memorializes that Resident (a) has read the statements, (b) acknowledges that the same are true and accurate, and (c) agrees to abide by and be legally bound by the terms of the representations: 1. I understand and agree that as long as I receive rental assistance, my gross monthly tenant contribution (as determined on the latest Form USDA, RD 3560-8, which must be attached to this Lease) for rent and utilities will be $N/A. If I pay any or all utilities directly (not including telephone and/or cable TV), a utility allowance of $N/A will be deducted from my gross monthly tenant contribution and my resulting net monthly tenant contribution will be $N/A. If my net monthly tenant contribution would be less than zero, Management will pay me $N/A. 2. I also understand and agree that my monthly tenant contribution under this Lease may be raised or lowered, based on changes in my household’s income or adjustments to income, and that any failure to submit information necessary to verify such income, changes in the number and age of persons living in my household, and changes in basic and market monthly rental rates approved by the USDA, RD. Should I no longer receive rental assistance as a result of these changes, or the rental assistance agreement executed by the Owner and USDA, RD expires, or has not been renewed because of my own failure to recertify my income in accordance with the USDA RD 3560 requirements, I understand and agree that my monthly tenant contribution may be adjusted to no less than $N/A (basic rental) nor more than $N/A (note rate rental) during the remaining term of this Lease, except that these rental rates may be changed by a USDA, RD approved rent change or occupancy charge change. I understand that if I receive unauthorized assistance due to fraud or misrepresentation on my part or that of any Occupant, I will be required to pay back the amount of unauthorized assistance. I understand that no change in my tenant contribution will occur due to my rental assistance being suspended, canceled, or terminated due to Management or the Owner’s fault. 3. I understand and agree that every effort will be made to provide rental assistance so long as I remain eligible and the rental assistance agreement between the Owner and USDA, RD remains in effect. However, should this assistance be terminated I may arrange to terminate this Lease, giving proper notice as set forth elsewhere in this Lease. 4. I understand and agree that failure or refusal to recertify my income in accordance with the provisions of this paragraph, the Lease, and USDA, RA requirements, will terminate this Lease and result in my eviction from the Unit. 9. USDA, RD PLAN I PROJECTS: If Resident will be occupying a unit in an apartment complex financed pursuant to USDA, RD's Plan I, either with or without interest credit approved on or after August 1, 1968, Resident makes the following representation, and Resident’s signature on this Lease memorializes that Resident has read agrees to the terms of the statement: 4 RD Model Lease 112717 FILED: ALBANY COUNTY CLERK 04/01/2024 02:20 PM INDEX NO. 903101-24 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/01/2024 I understand and agree that my tenant contribution to rent of $N/A per month [includes] [excludes] my cost of utilities. I further understand and agree that should I be permitted to occupy the Unit when my income exceeds maximum limits, I shall pay a 25 percent (25 %) rental rate surcharge in addition to my tenant contribution to rent . 10. USDA, RD PLAN II INTEREST CREDIT: If Resident will be occupying a unit in an apartment complex financed pursuant to USDA, RD's Plan II Interest Credit, Resident makes the following representations and Resident’s signature on this Lease memorializes that Resident has read and agrees to the terms of the statement: I understand and agree that my gross monthly tenant contribution as determined on the latest Form USDA, RD 3560-8, which must be attached to this Lease, for rent and utilities will be $1049.00. If I pay any or all utilities directly (not including telephone or cable TV), a utility allowance of $150.00 will be deducted from my gross monthly tenant contribution except that I will pay no less than the basic rent or more than the note rate rent stated below. My net monthly tenant contribution will be $899.00. I understand that should I receive rental subsidy benefits (interest credit) to which I am not entitled, I may be required to pay back the sums I was not owed and I agree to pay any amount of benefit to which I was not entitled. I also understand and agree that my monthly tenant contribution under this Lease may be raised or lowered based on changes in my household’s income, failure to submit information necessary to verify income, changes in the number and age of persons living in my household and changes in the basic and note rate rental rates approved by the USDA, RD. My tenant contribution will not, however, be less than $734.00 (basic rental) nor more than $899.00 (note rate rental) during the term of this Lease, except that these rental rates may be changed by a USDA, Rural Development approved rent change. I understand that my tenant contribution will not change if the interest credit is suspended, canceled, or terminated due to Management’s or the Owner’s fault. 11. RECERTIFICATION BASED ON CHANGE IN HOUSEHOLD OR INCOME: Resident hereby understands and agrees that Resident may request a recertification and accompanying redetermination of rent pursuant to the USDA, RD guidelines and standards based upon any changes in family income, family composition and other eligibility requirements. Resident must request a recertification and accompanying rent redetermination whenever permanent changes to gross household income or permanent adjustments to household income result in an increase of $100.00 or more per month or $1200.00 or more per year. Resident may request a recertification and accompanying rent redetermination whenever permanent changes to gross household income or permanent adjustments to household income result in a decrease of $50.00 or more per month or $600.00 or more per year. Resident must also notify Management of any changes in his or her income or assets, his or her qualifications for adjustments to income, his or her citizenship status, or his or her household size or composition, whether related or unrelated, adults or children. 12. ANNUAL RECERTIFICATION OF INCOME: Resident agrees that a recertification of Resident’s household income shall be made with Management no less than sixty (60) days prior to one (1) year from the date of this Lease, provided however, that in any event, Resident shall recertify his or her income upon the execution of any subsequent Lease of the Unit. Resident understands that failure to comply with recertification requirements of the USDA, RD, or the provision of false or misleading information regarding income or other eligibility factors can lead to Resident’s eviction from the Unit and Complex. Furthermore, Resident agrees that if Resident fails to recertify or refuses to cooperate in the recertification process, Management may charge Resident the note rate rent and occupancy surcharge during the period of occupancy with an expired certification. Resident understands and agrees that unless a new lease or an addendum extending the Lease is signed, Resident occupies the Unit without authorization and is subject to removal by a court of competent jurisdiction. Resident understands and agrees that the Landlord shall charge Resident for use and occupancy of the Unit for each day Resident occupies the Unit beyond the Lease term, but that Management’s acceptance of such payment(s) does not constitute a renewal, continuation or extension of the Lease. Resident expressly acknowledges and agrees that only the execution of a new lease or an 5 RD Model Lease 112717 FILED: ALBANY COUNTY CLERK 04/01/2024 02:20 PM INDEX NO. 903101-24 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/01/2024 addendum extending the Lease by both parties will extend, continue or modify (as the case may be) this Lease. 13. RENT ADJUSTMENT: Resident agrees that the monthly tenant contribution is subject to adjustment by Management to reflect income changes disclosed by any of Resident's recertifications, and Resident agrees to be bound by such adjustment. Management agrees to give thirty (30) days advanced written notice of any such adjustment to the Resident, stating the amount of the adjusted monthly rental the Resident will be required to pay. If the Resident refuses cooperation with the recertification process, or delays completion of the recertification process until after thirty (30) days prior to the due date for recertification, resident will be deemed to have waived the thirty (30) day notice period for tenant contribution to rent adjustment. In such a case, any such adjustment will take effect immediately upon recertification. 14. SECURITY DEPOSIT: At the same time this Lease is signed, Resident will deposit $734.00 (not to exceed the net tenant contribution or basic rent, whichever is greater) with Management as a “Security Deposit”. The Security Deposit shall be deposited in a separate, segregated (from Management’s operating account) account containing only security deposit(s) from the Complex plus interest thereon, in a federally insured financial institution located in the state in which the Complex is located. Amounts held as a Security Deposit may be used to compensate Owner for damage and loss caused or allowed by Resident, Resident’s household members, Resident’s family or guests, as specified in regulations of the USDA, RD and state law. The Security Deposit and any interest thereon may also be used to compensate Owner for unpaid tenant contribution to rent, late fees, items deemed additional rent in this Lease, or unpaid utility bills still owing after Resident has vacated the Unit. Until so used, the Security Deposit shall be held in an interest-bearing account, in trust, for the Resident, however Management may, at Management’s discretion, offset any bank charges associated with such account with the interest earned on the security deposits held therein on an equal basis among such security deposits. If Resident is receiving HUD assistance, he/she may be charged additional security deposits in accordance with HUD requirements. If Resident is eligible for rental assistance or Section 8 assistance, he/she may pay the Security Deposit on the following installment payment plan: Due Date Amount Balance Owed / / / / / / I I I / I I Should any of the above installments not be timely received by Management, the total remaining amount of the Security Deposit shall become immediately due and payable in full. The fact that Management holds the Security Deposit shall not affect Management's right to obtain possession of the Unit for the non-payment of any tenant contribution to rent, or any item deemed additional rent by this Lease, or for any other reason permitted by law. To the extent that the Security Deposit is not applied in a permitted manner, it shall be returnable to the Resident in a reasonable period of time (not to exceed thirty (30) calendar days after Resident and all Occupants claiming under him/her 6 RD Model Lease 112717 FILED: ALBANY COUNTY CLERK 04/01/2024 02:20 PM INDEX NO. 903101-24 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/01/2024 have fully and finally vacated the Unit. If Management assesses charges to the Security Deposit for damage to the Unit or Complex caused by the Resident or anyone coming onto the Complex with Resident's express or implied consent, an itemized accounting for such charges will be presented to Resident unless the Resident has abandoned the Unit or cannot be located with reasonable diligence. Under no circumstances may the Security Deposit be used by Resident as the last month's tenant contribution to rent. F. ELIGIBILITY FOR RESIDENCE IN COMPLEX: 1. ELIGIBILITY DETERMINATIONS: Eligibility determinations will be made once each year at the same time as the annual recertification of income. Resident agrees to supply all requisite information in order for Management to make a redetermination of eligibility pursuant to USDA, RD guidelines and standards, including, but not limited to, verification of income from employment and all other sources, applicant's financial capability to meet living and rental expenses, credit reports, prior landlord references, family composition including names and ages of family members, and other personal financial data. Resident and Management agree that should Resident no longer meet the eligibility requirements of the project during the term of the Lease, Resident will be required to vacate the Unit within thirty (30) days of being notified of ineligibility by Management or at the end of the term of the current Lease (whichever is longer), unless an exception is authorized by the USDA, RD. USDA, RD has the right to further verify any information provided by Resident. 2. ELIGIBILITY REQUIREMENTS: Resident shall meet eligibility requirements pursuant to USDA, RD standards, including, but not limited to: a. Be a U.S. Citizen or a qualified alien. b. Be a very low, low, or moderate income person as defined by the USDA, RD. c. Comply with the Lease provisions and project occupancy policies established by the Owner. The Complex’s occupancy rules are attached to this Lease and also available from Management and are subject to change from time to time. d. If Resident’s household composition changes so that the Complex’s unit density standards are no longer met (as defined in the Complex’s occupancy policies), Resident agrees to relocate within the Complex to a unit of appropriate size when one becomes available. Management agrees to give thirty (30) days written notice prior to the date upon which Resident is required to relocate. If Resident refuses to move or if no unit of appropriate size becomes available during the current Lease term, Resident will be required to vacate the Complex unless an exception is authorized by the USDA, RD. e. Residents who hold a Letter of Priority Entitlement (“LOPE”) and who are temporarily occupying a unit for which they are not eligible agree to move/relocate when a suitable unit becomes available. f. Possess the legal capacity to enter into a lease agreement. g. Be eighteen years of age or older. G. TERMINATION OF THE LEASE: 1. TERMINATION BY MANAGEMENT: Management may terminate or refuse to renew the Lease for material noncompliance with the Lease, or the occupancy rules, or for other good cause. The following is a non-exhaustive list of examples of material noncompliance: a. Failure to pay tenant contribution to rent when due under the terms of this Lease. b. Failure to meet eligibility requirements of the Complex. 7 RD Model Lease 112717 FILED: ALBANY COUNTY CLERK 04/01/2024 02:20 PM INDEX NO. 903101-24 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/01/2024 c. Failure to comply with recertification requirements of the USDA, RD. d. Provision or transmission of false or misleading or incomplete information regarding income or other eligibility factors to Management. e. Making false, misleading, or incomplete statements in the rental application. f. Failure to comply with all conditions and agreements contained in this Lease and all Lease addenda. g- Failure to comply with occupancy rules and regulations established by Management. h. Any action, omission, or conduct of the Resident, any member of the Resident’s household, or their guest(s) that: (1) disrupts the livability of the Complex by being a direct threat to the health or safety of any person, be it a guest, staff of Management, resident or other person(s) on Complex grounds; (2) interferes with the right of any resident or household member to the quiet enjoyment of their unit or compromises the safety of the residents or the Complex and related Complex facilities; or (3) results in substantial physical damage causing an adverse financial effect on the Complex or the property of others located thereon, EXCEPT when such threat can be removed by applying a reasonable accommodation. Admission to or conviction of criminal conduct by the Resident or any Occupant for which the Resident or Occupant would be denied admission. j- Interfering with the management or maintenance of any Complex property. k. Acts or omissions that have an adverse financial impact on the Complex property. Innocent Residents or Occupants who are not engaged in terminable conduct and who are not responsible for control of another Occupant or guest who did engage in terminable conduct may remain in the Unit if an otherwise eligible household remains or can be formed. 2. NOTICE OF VIOLATION: Prior to any such termination of the Lease, Management shall provide Resident with a “Notice of Violation". The Notice of Violation shall: a. Describe the violation of the Lease and/or occupancy rules by referring to the relevant provisions of the Lease or occupancy rules and stating the nature and frequency of the violation(s) so that the Resident understands and may correct the problem. In those cases where the Lease violation is due to the Resident's failure to pay tenant’s contribution to rent or additional rent, the Notice will state the dollar amount of the balance due on the rent account and the date of computation. b. State that the Resident is required to correct the Lease violation by a specified date, which shall be no less than ten (10) days from the date of the Notice of Violation. c. State that the Resident may informally meet with Management to attempt to resolve the stated violation(s) before the date of corrective action specified in the Notice of Violation. d. Advise the Resident that if he or she has not corrected the stated violation(s) by the date specified, Management may seek to terminate the Lease and Resident’s rights of occupancy thereunder, by instituting judicial proceeding for eviction, at which time the Resident may present defense(s) and any counter-claim(s). 3. SERVICE OF NOTICE ON RESIDENT: Management shall serve the Notice of Violation by sending it first class mail to the Resident at his or her address at the Unit, or by serving a copy of the notice on any adult person answering the door at the Unit, or if no adult responds, by placing the Notice of Violation under or through the door at the Unit, or at an address known or reasonably believed to be the current resident of 8 RD Model Lease 1 12717 FILED: ALBANY COUNTY CLERK 04/01/2024 02:20 PM INDEX NO. 903101-24 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/01/2024 the Resident, if not regularly residing at the Unit. Service is hereby deemed effective when any method of service described hereinabove has been accomplished. The date on which the Notice of Violation is received by the Resident is hereby deemed to be the date on which the required first class letter is mailed, or the date on which the Notice of Violation is properly given, whichever method of service is used. 4. NOTICE OF TERMINATION: a. Upon failure by the Resident to meet the condition(s) or correct the violation(s) stated in the Notice of Violation by the date specified therein, the Resident will be notified, in writing, that the Resident’s right to occupancy the Unit is terminated and that eviction is being sought through the appropriate judicial process (the "Notice of Termination”). b. The Notice of Termination shall state the basis for the termination of the Lease and the Resident’s right to occupy the Unit thereunder, and will include the location and regular office hours during which the Resident (or Resident’s counsel) may view its file and copy any information contained therein, to aid in the Resident's defense. c. The Notice of Termination shall be given in the same manner described for the Notice of Violation except where state law requires a different procedure, in which event, the Notice will be given as required by the state laws of the state in which the Complex is located. d. Any Notice of Termination shall be considered in effect unless otherwise communicated in writing by a Management. Meeting with Management with respect to a Notice of Termination does not constitute waiver, cancelation, suspension, or modification of such Notice of Termination. A waiver, cancelation, suspension, or modification of a Notice of Termination can only be considered as such, provided written notification from Management has been served upon to Resident stating same. Any tenant contribution to rent received after a Notice of Termination shall be considered neither an the acknowledgment nor acceptance of the tenancy to continue beyond the stated date of surrendering Apartment as stated in the Notice of Termination, but as a partial payment on a contractual obligation. 5. EVICTION: If Management terminates the Lease, Management shall have the right to repossess the Unit and cause the Resident to vacate the Unit in the manner allowed by state law. If Management is forced to evict Resident, Resident shall pay Management the expense incurred in obtaining possession of the Unit and all other damages sustained by Management, including reasonable attorneys' fees, to the extent permitted by law and the USDA, RD's regulations. Resident is required to continue to pay tenant’s contribution to rent until a warrant of eviction has been served upon Resident, or Resident and all person(s) claiming possession of the Unit under Resident, have fully and finally vacated the Unit. 6. PROHIBITED COLLECTION PRACTICES: Management may not: a. Take the personal property of Resident and hold it as a pledge until Resident performs any obligation that Management has determined Resident has failed to perform; b. Demand or enforce an agreement by Resident that Management may institute suit without any notice to Resident that suit has been filed; c. Evict Resident from the Unit or sell Resident's possessions without a legal proceeding; or d. Charge Resident for attorneys' fees or other legal costs if the court finds in favor of Resident. 7. TERMINATION BY RESIDENT: Resident may terminate the Lease prior to expiration of its one-year term to, upon thirty (30) days advanced written notice to Management for good cause, including but not limited moving to another location for employment, loss of job, severe illness, death of spouse or other reasons customary or mandatory in the community, or after notification by Management of intent to prepay. If Resident does not desire to renew or extend the Lease upon expiration of the one-year Lease term, 9 RD Model Lease 1 12717 FILED: ALBANY COUNTY CLERK 04/01/2024 02:20 PM INDEX NO. 903101-24 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/01/2024 Resident is encouraged to provide written notice to Management no less than thirty (30) days prior to the Lease term’s end date so that the appropriate steps may be taken to inspect the Unit, hand over possession of the Unit, and timely return the Security Deposit or portion thereof. Resident hereby acknowledges that Resident’s failure to provide such notice in a timely fashion may result in a delay of Resident’s returnable portion of the Security Deposit. 8 REMOVAL OF PERSONAL PROPERTY AFTER RESIDENT VACATES: Resident's occupancy will be deemed to continue even after Resident and Resident's household have personally ceased occupancy with the intent to vacate and leave the Complex, until such time as all personal property of Resident's household has been removed voluntarily or by legal means. The reasonable costs to Management for removing, storing, and disposing of Resident’s household’s personal property left after Resident vacates the Unit may be charged by Management against the Security Deposit. 9. CONDEMNATION BY GOVERNMENT AUTHORITY: If any part of the Complex is condemned by any government authority, and Resident’s rights to occupy the Unit are substantially impaired thereby, then Resident may, upon advanced written notice to Management, terminate this Lease effective the date that possession of the condemned portion of the Complex is taken by such governmental authority. 10. ACCELERATION: If Management terminates the Lease, or evicts the Resident before the Lease term expires on time, or if Resident terminates the Lease before its term expires on time without good cause or without proper notice, Management shall may elect to accelerate the payment of the tenant contribution to rent reserved for the balance of the term of the Lease, and declare the entire amount immediately due and payable to Management, unless the Resident can demonstrate that: (1) Resident’s reason for leaving was unlivable conditions amounting to constructive eviction under the laws of this state, or (2) Management has re-rented the Unit. Once the Unit is re-rented, there is no further obligation by the Resident to pay tenant contribution to rent unless Management had to re-rent at a lower rental rate. Management will make reasonable efforts to re-rent the Unit at the then, commercially reasonable rate to mitigate Resident’s damages under this paragraph. 11. ABANDONMENT OF PROPERTY: Upon expiration of this Lease where Management has refused for lawful reasons to enter into another lease or an extension of this Lease with Resident, or upon lawful termination of the Lease, the Resident shall promptly remove all personal property from the Unit and vacate the same. If Resident fails to remove personal property from the Unit and the Complex upon (1) expiration of the Lease where Management has refused for lawful reasons to enter into another lease or extend the existing Lease, or (2) lawful termination of the Lease, then Management may consider any personal property left behind at the Unit or the Complex, as abandoned if Management notifies Resident of its intent to treat the property as abandoned and advises Resident of the date of disposal of the property. Notice by Management will be by mailing such notice to the last known address of Resident, and posting such notice on the Unit door. Disposal of such property will be no sooner than fifteen (15) days after the date of mailing and posting the notice. Management may move the property from the Unit to another location on Complex grounds prior to the date of disposal in order to re-rent the Unit. It is agreed by Resident that Management shall not be responsible for damage to or loss of value of such property if Management follows the above procedure, and takes reasonable care not to damage such property. If Management disposes such property after giving proper notice and after the fifteen (15) day period, any avails of such disposition shall be the property of Management and any costs of such disposition may be charged by Management to the Security Deposit. H. USE AND MAINTENANCE OF UNIT: 1. USE OF UNIT: a. Resident shall use and occu